[HISTORY: Adopted by the City Council of the City of Hazleton as indicated in article histories. Amendments noted where applicable.]
[Adopted 11-16-1995 by Ord. No. 95-18 as Ch. 8, Art. I, of the 1995 Code]
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
The Council of the City of Hazleton, being the municipal authority in control thereof, hereby expresses its desire and signifies its intention to organize (under the provisions of the Municipality Authorities Act, 53 Pa.C.S.A. § 5601 et seq., and the amendments and supplements thereto) a certain body corporate and politic, to be designated as "Hazleton City Authority."
[1]
Editor's Note: Resolutions creating the Parking Authority, the Greater Hazleton Joint Sewer Authority and the Housing Authority are not included in this Code and are on file in the office of the City Clerk.
A. 
The proper officers of the City are hereby authorized and directed to file, with the Secretary of the Commonwealth of Pennsylvania, Articles of Incorporation, together with the proofs of publication required by the Act referred to in § 15-1 and its supplements, which Articles shall set forth in substance as follows:
(1) 
The name of the Authority shall be "Hazleton City Authority."
(2) 
That said Authority shall be and is hereby formed under the provisions of the said Act of Assembly, approved the 28th day of June A.D. 1935, P.L. 463,[1] and the amendments and supplements thereto.
[1]
Editor's Note: For current provisions, see 53 Pa.C.S.A. § 5601 et seq.
(3) 
That no other Authority has been organized by the said City of Hazleton under the provisions of the said Act of Assembly or under the provisions of the Act of Assembly of Pennsylvania, approved the 27th day of December A.D. 1933 (Special Session 1933, P.L. 114); nor is such other Authority now in existence in and for the said City of Hazleton.
(4) 
The name of the incorporating municipality is the City of Hazleton, a body corporate and politic created and organized as hereinbefore set forth; and the names and addresses of its municipal authorities are as follows.[2]
[2]
Editor's Note: Here followed the names and addresses of the officers of the City government as of September 27, 1938.
(5) 
The names, addresses and terms of office of the first members of the said Board of Authority shall be and hereby are designated as follows, and each term shall begin upon the first day of January A.D. 1939;[3] and from the date of approval of the Articles of Incorporation and until the beginning of the terms above indicated, the same nominees shall serve as members of the Board of Authority.
[3]
Editor's Note: Here followed the names and addresses of the first five members of the Board of the Municipal Authority.
(6) 
That the purposes and powers of the said "Hazleton City Authority" shall include all and singular the purposes and powers conferred upon bodies corporate created under the Act of Assembly of Pennsylvania, approved the 28th day of June, A.D. 1935, P.L. 463, as amended and supplemented by the Act of Assembly of Pennsylvania, approved the 20th day of May, A.D. 1937, P.L. 739; and that, without limitation as to the exercise of all powers and authority contained in the said Acts of Assembly, shall include the acquisition, holding, operation and/or leasing either wholly or partially for public uses and for revenue-producing purposes, certain lands in the City of Hazleton, County of Luzerne and State of Pennsylvania, together with the improvements thereon, now owned by the Duplan Silk Corporation, but the enumeration of this particular power shall not be deemed to be in limitation of the powers generally named in the Act of Assembly creating such a body corporate and conferring upon it authority to acquire, hold, improve, operate, own and lease other land and property.
B. 
Nothing in these articles or the ordinance adopting this Article I shall be deemed to affect the validity of any ordinance amending or otherwise affecting the Articles of Incorporation referred to in Subsection A, and all such ordinances are hereby recognized as continuing in full force and effect to the same extent as if set out in full in this article.
The Mayor is hereby authorized and directed, upon behalf of the City, to execute, and the City Clerk to attest, any and all Articles of Incorporation, notices of the presentation and filing of the formal application and other instruments requisite in law to organize and create the City Authority; and to cause due and appropriate notice thereof to be published, setting forth the information required by law and the date and hour of the presentation thereof to the Secretary of the Commonwealth.
When created and organized, the Hazleton City Authority shall exercise all and singular the powers and privileges conferred by the Act of Assembly referred to in § 15-1 and shall be subject to the restriction and limitations thereof; provided, however, that the Authority shall have no right or power to pledge the revenues of the City generally for any of the obligations or liabilities incurred or created by the Authority.
[Adopted 11-16-1995 by Ord. No. 95-18 as Ch. 8, Art. III, of the 1995 Code]
It is hereby declared to be the desire and intention of the City of Hazleton, of the Commonwealth of Pennsylvania situate in Luzerne County, to organize an Authority under the Municipality Authorities Act, 53 Pa.C.S.A. § 5601 et seq., as amended, for the purpose of exercising and enjoying all powers capable of being exercised by a municipal authority under the aforesaid Act.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
[Amended 9-8-2005 by Ord. No. 2005-14]
The proposed Articles of Incorporation of the Authority are as follows:
ARTICLES OF INCORPORATION
OF THE
HEALTH SERVICES AUTHORITY OF HAZLETON
TO: THE SECRETARY OF THE COMMONWEALTH OF PENNSYLVANIA
  In compliance with the requirements of the Municipality Authorities Act, approved May 2, 1945, P.L. 382,[1] as amended, the City of Hazleton, Luzerne County, Pennsylvania, a municipality of the Commonwealth of Pennsylvania, pursuant to ordinance duly adopted by the said municipality signifying its desire and intention to form an Authority, hereby certifies:
1.
The name of the proposed Authority is "Health Services Authority of Hazleton".
2.
The said Authority is formed under the Municipality Authorities Act of 1945, approved May 2, 1945, P.L. 382, as amended.
3.
No other Authority or Joint Authority organized under the Act of 1945 or under the Act approved June 28, 1935, P.L. 463, as amended, is in existence in or for the City of Hazleton, Luzerne County except:
Name
Purpose
Hazleton City Authority
Water
Hazleton Parking Authority
Parking
Hazleton Redevelopment Authority
Redevelopment
Hazleton Housing Authority
Housing
Greater Hazleton Joint Sewer Authority (formed jointly with Township of Hazle and Borough of West Hazleton)
Sewer
The Hazleton Transit Authority
Transportation
4.
The name of the incorporating municipality together with the names and addresses of its municipal officers is as follows.[2]
5.
The Board of the Authority shall be five in number and shall be appointed by the Council of the City of Hazleton.
6.
The names, addresses and terms of office of the first members of the Board of the Authority, each being a resident of the City of Hazleton are as follows.[3]
7.
The term of existence of the Health Services Authority of Hazleton shall be extended for a period not to exceed 24 years, ending on August 3, 2055.
  IN WITNESS WHEREOF, the incorporating Authority has caused these Articles of Incorporation to be executed by its duly authorized officers under its municipal seal this      day of         , 1980.
[1]
Editor's Note: For current provisions, see 53 Pa.C.S.A. § 5601 et seq.
[2]
Editor's Note: Here followed the names and addresses of the incorporating officers.
[3]
Editor's Note: Here followed the names and addresses of the first members.
The persons named in Paragraph 6 of the Articles of Incorporation set forth in § 15-7 are hereby appointed as first members of the Board of the Authority for the terms indicated, it being understood that the adoption of this article shall effect the appointment of the members listed above and designated as representatives of the City of Hazleton.
The Mayor and City Clerk are hereby authorized and directed to execute, under the seal of the City of Hazleton, the Articles of Incorporation of the proposed Authority in substantially the form set forth in this article and such officers are further authorized to do all things necessary or appropriate to effect the incorporation of the proposed Authority.
The project or projects authorized to be undertaken by the Authority shall be as follows: The Authority will be formed to provide health care services for the people of the City of Hazleton by providing a vehicle for financing of health care improvements, additions to presently existing health care facilities including hospitals and nursing centers, and to promote the general health service of persons in the Hazleton area, especially along the lines of providing additional funding capacity for necessary and desired health care facilities.
The City of Hazleton shall not be obligated by the mere formation of this Authority to fund or provide financing for the Authority and any bills or debts or accounts payable by the Authority shall be and remain the sole responsibility of the Authority, and the City of Hazleton shall have no responsibility or legal obligation to pay any or all of said bills, debts or accounts payable.